M.SUBBIAH Vs. STATE

JUDGEMENT

(1.) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Ss. 420, 465, 467, 468 and 471 of IPC in Crime No.515 of 2019, seeks anticipatory bail.

(2.) The case of the prosecution is that the during the year 1964, one Alamelu Ammal entered into a partnership deed with V.Balasubramanian, M.Natesan, M.Periyannan and M.Subbaiah in the name and style of Alamelu Industries and registered with Registrar of Firms, Chennai. On 28/9/1983, 5/10/1983, 21/10/1983 and 25/10/1983, the partnership firm purchased land ad measuring 3.98 acres comprised in survey Nos.96/AS, 47/3 and 47/4 situated at Velapanchavadi and Puliampedu halmet, Numbal Village, formerly Saidapet Taluk, Chingalepet District, now Poonamallee Taluk, Thiruvallur District, registered vide documents Nos.5343, 5489, 5486 and 5911 of 1983. During the year 1975, the defacto complainant was born and he claims that the said Alamelu ammal and her husband had no issues and hence they had taken care of the defacto complainant as their biological son. On 26/4/1986, her husband passed away and thereafter, the defacto complainant had taken care of the said Alamelu ammal.

(3.) While being so, on 19/2/1997, the said Alamelu ammal executed a registered Will bequeathing some of her properties in favour of the defacto complainant in which, she categorically mentioned that she was partner of the Alamelu Industries and Chennai Saradha and Company. Again on 21/6/2004, she executed another Will bequeathing her right and interest in respect of Alamelu Industries in favour of the petitioner viz., M.Subbaiah and her right and interest in Saradha and Company in favour of one M.Natesan. In the said Will also, she bequeathed certain properties in favour of the defacto complainant. Finally on 29/1/2010, she executed her last registered Will and bequeathed all her shares held in different companies in favour of the defacto complainant. After her demise, her last Will came into force.